Illinois Compiled Statutes
625 ILCS 5/18b-105 (2026)
Rules and regulations
✓ current as of May 2026
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(625 ILCS 5/18b-105)
(from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and regulations.
(a) The Department is authorized to make and adopt reasonable rules and
regulations and orders consistent with law necessary to carry out the
provisions of this Chapter.
(b) The following parts of Title 49 of the Code of Federal Regulations,
as now in effect, are hereby adopted by reference as though they were set
out in full:
Part 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs; Part 380 - Special Training Requirements; Part 382 - Controlled Substances and Alcohol Use and Testing;
Part 383 - Commercial Driver's License Standards, Requirements, and
Penalties;
Part 385 - Safety Fitness Procedures;
Part 386 Appendix B - Penalty Schedule; Violations and Maximum Monetary Penalties; Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers;
Part 390 - Federal Motor Carrier Safety Regulations: General;
Part 391 - Qualifications of Drivers;
Part 392 - Driving of Motor Vehicles;
Part 393 - Parts and Accessories Necessary for Safe Operation;
Part 395 - Hours of Service of Drivers, except as provided in
Section 18b-106.1;
Part 396 - Inspection, Repair and Maintenance; and Part 397 - Transportation of hazardous materials; Driving and Parking Rules.
(b-5) Individuals who meet the requirements set forth in the definition
of "medical examiner" in Section 390.5 of Part 390 of Title 49 of the Code
of Federal Regulations may act as medical examiners in accordance with
Part 391 of Title 49 of the Code of Federal Regulations.
(c) The following parts and Sections of the Federal Motor Carrier Safety
Regulations shall not apply to those intrastate carriers, drivers or
vehicles subject to subsection (b).
(1) Section 393.93 of Part 393 for those vehicles | manufactured before June 30, 1972. |
(2) Section 393.86 of Part 393 for those vehicles | registered as farm trucks under subsection (c) of Section 3-815 of this Code. |
(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural operations | as defined in Section 18b-101 of this Chapter at any time of the year and all farm to market agricultural transportation as defined in Chapter 1 and for grain hauling operations within a radius of 200 air miles of the normal work reporting location. |
(7) Paragraphs (b)(3) (insulin dependent diabetic) | and (b)(10) (minimum visual acuity) of Section 391.41 of part 391, but only for any driver who immediately prior to July 29, 1986 was eligible and licensed to operate a motor vehicle subject to this Section and was engaged in operating such vehicles, and who was disqualified on July 29, 1986 by the adoption of Part 391 by reason of the application of paragraphs (b)(3) and (b)(10) of Section 391.41 with respect to a physical condition existing at that time unless such driver has a record of crashes which would indicate a lack of ability to operate a motor vehicle in a safe manner. |
(d) Intrastate carriers subject to the recording provisions of Section
395.8 of Part 395 of the Federal Motor Carrier Safety Regulations shall be
exempt as established under paragraph (1) of Section 395.8; provided,
however, for the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to qualify for exempt
status.
(e) Regulations adopted by the Department subsequent to those adopted
under subsection (b) hereof shall be identical in substance to the Federal
Motor Carrier Safety Regulations of the United States Department of
Transportation and adopted in accordance with the procedures for rulemaking
in Section 5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. eff. 1-1-02; eff. 1-1-02; 102-982, eff. 7-1-23.)
Notes of Decisions
Cited in 7
cases, 1998–2016 · leading case: Gary Baert v. Euclid Beverage, Ltd., 149 F.3d 626 (7th Cir. 1998).
Gary Baert v. Euclid Beverage, Ltd., 149 F.3d 626 (7th Cir. 1998). “41 ; 625 ILCS 5/18b-105(b). Indeed, Baert does not claim that he is qualified for his former position of Driver.”
Camp v. TNT Logistics Corp., 553 F.3d 502 (7th Cir. 2009). “Parts 390 and 392 (among several others) of the FMCSR are adopted by reference into the Illinois Vehicle Code by 625 ILCS 5/18b-105(b) 1 part of the Illinois Motor Carrier Safety Law.”
Arce v. Chicago Transit Auth., 193 F. Supp. 3d 875 (N.D. Ill. 2016). “See 625 ILCS 5/18b-105; 92 Ill. Admin. Code §§ 391.”
The Illinois State Toll High. Auth. v. Int'l Bhd. of Teamsters, Local 700, 2015 IL App (2d) 141060 (Ill. App. Ct. 2016). “These include a federal regulation, which has been codified in Illinois law (see 625 ILCS 5/18b-105 (West 2012)), reading: “No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while…”
People v. Dovgan, 2011 IL App (3d) 100664 (Ill. App. Ct. 2011). “See 625 ILCS 5/18b-105 (West 2008). During the bond hearing, the State informed the court that the arresting officer “noted an odor of alcohol on the defendant’s breath” immediately after the accident.”
People v. DOVGAN, 959 N.E.2d 230 (Ill. App. Ct. 2011). “See 625 ILCS 5/18b-105 (West 2008). During the bond hearing, the State informed the court that the arresting officer "noted an odor of alcohol on the defendant's breath" immediately after the accident.”
Camp, Lola v. TNT Logistics Corp (7th Cir. 2009). “Parts 390 and 392 (among several others) of the FMCSR are adopted by reference into the Illinois Vehicle Code by 625 ILCS 5/18b-105(b),1 part of 1 Camp never referred to this section of the Illinois Vehicle Code.”
— 625 ILCS 5/18b-105(b) — 5 cases
Camp v. TNT Logistics Corp., 553 F.3d 502 (7th Cir. 2009). “Parts 390 and 392 (among several others) of the FMCSR are adopted by reference into the Illinois Vehicle Code by 625 ILCS 5/18b-105(b) 1 part of the Illinois Motor Carrier Safety Law.”
Gary Baert v. Euclid Beverage, Ltd., 149 F.3d 626 (7th Cir. 1998). “41 ; 625 ILCS 5/18b-105(b). Indeed, Baert does not claim that he is qualified for his former position of Driver.”
People v. Dovgan, 2011 IL App (3d) 100664 (Ill. App. Ct. 2011). “See 625 ILCS 5/18b-105 (West 2008). During the bond hearing, the State informed the court that the arresting officer “noted an odor of alcohol on the defendant’s breath” immediately after the accident.”
Camp, Lola v. TNT Logistics Corp (7th Cir. 2009). “Parts 390 and 392 (among several others) of the FMCSR are adopted by reference into the Illinois Vehicle Code by 625 ILCS 5/18b-105(b),1 part of 1 Camp never referred to this section of the Illinois Vehicle Code.”
People v. DOVGAN, 959 N.E.2d 230 (Ill. App. Ct. 2011). “See 625 ILCS 5/18b-105 (West 2008). During the bond hearing, the State informed the court that the arresting officer "noted an odor of alcohol on the defendant's breath" immediately after the accident.”
— 625 ILCS 5/18b-105(b)(c)(7) — 1 case
Gary Baert v. Euclid Beverage, Ltd., 149 F.3d 626 (7th Cir. 1998). “41 ; 625 ILCS 5/18b-105(b). Indeed, Baert does not claim that he is qualified for his former position of Driver.”
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